The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1887-12-26

acres lastly above described. Before ac-
ceptlng any bid which may be offered for
the said real estate said Comm. sioner will
req llre the person or persons making such
bid 10 deposit with him one per centum of the
purchase price OF the said real property, and
II such purchase price shall be less than Sl,-
100000 then enough In addition to such one
per centum to make gdeposit equal to the
sum OF $4,000, the SAID deposit to be made
either In cash or by certified check upon
O solvent bank.
Any personal properly which belongs to
tho said defendant The FrancIlyn Land
and Cattle Company which shall not have
been sold by the complainant herein under
the approval of this court prior TO the
date of the said sale shall then be Of
| Tered Tor sale by the said Special
Commissioner, and ten per cent of the pur-
chase price OF such p' rsonal property shall
be deposited In cash with the said Commits
sioner.
As soon as the sale shall have been made
| by the said Special Commissioner under
this Decree, he will report the same TO the
| court Tor confirmation, certifying TO the
court the compliance by the purchaser or
| purchasers with the conditions hereinbelore
mentioned, the Decree providing that II
the bid shall be accepted by the court, and
the party making the same Shall fail to COM
ply with all the conditions and all the or
ders OF the court made and to be made In
respect thereof, then the sum so deposited
shall be forfeited and shall, be applied to
the payment OF the expenses of resale and
the costs of this cause, and for the pay
ment OF the bonds aforesaid, as the court
shall order.
In case any bid shall be rejected by the
court, the deposit made by the bidder shall
be returned to him.
Inc parts OF the Decree following are
published for the information of bidders.
" II any bid or bids shall be accepted and
acknowledged by the court and all the condi-
tions of the sale shall be fully complied
with by the purchaser or purchasers, and II
the person or persons making such bid shall
perform all such conditions as the court
shall accept as sufficient for the time being.
and when the court shall, so
| order. the sand Special Commissioner
snail make to such purchaser or purchasers
ueed or :" deeds of conveyance and trans
ier OF all the property sold by HIM under
lnls decree, and thereupon and from thence.
Iorth the purchaser or purchasers of the
properly hereinbelore so ordered to he sold
snall ne invested with, and hold possession
Oh ahu eHloy the said mOrtgaged premises
anu property. and all the estates, rights, IT,
tles and Interests pertaining thereto, as full
~ ana freely rs the defendant the Franck-
lyn Land and Cattle Company now holds or
enjoys, and Mt the time of the commence
ment of this suit held and enjoyed, or is or
was entitled to hold and enjoy the s ,me ;
and, further, that thu purchaser or purchas-
ers shall have and be entitled 10 hold the
said property free and discharged from the
claims OF all parties to this suit, including
the complainant and all interyenors herein"
II Is also provided in the said decree as
follows:
THE balance OF the purchase price shall
be paid TO the said Commissioner WITHIN
thirty days from the day of sale, the Court
reservlng the right to resell the premises
and property herein directed to be sold on
the failure OF the purchaser or purchasers,
or their assigns, to comply within ten days
with any further order of the Court in that
regard, and TO make the further payments
of the balance OF the purchase price at the
time herein specified, and in the manner re-
quired by The said Special Commissioner"
1.-The balance of the said pur-
cease price, or the entire
amount thereof, may be paid either
in cash or in the aforesaid bonds or over
due coupons belonging thereto. secured by
the said mortgage or deed of trust and sup.
Elementary mortgage so made by the the
said defendant, The Francklyn Land and
Cattle Company. as aforesaid, to the said
Trustees, the said bonds bein received at
such pr.ce of value as Will be equivalent to
the just share or dlstrbutiye amount OF
the net proceeds of such sale that the hold.
receive in use the entire amount bid were
paid In cash; and If such dlstributve
amount of the net proceeds shall be less
than the amount then due upon the said
bonds, the said distrbutive amount to
which the holder or holders OF the laid
bonds would be entitled shall be recelpted
upon the said bonds respectively.
And IL is further provided that the said
Special Commissioner at the time of making
such sale may, II he believes that bidder
ut such sale Is not bidding bona de and
with ability to comply with the terms of
the same require such bidder before the
property is knocked down to MIN to furnish
satisfactory evidence of his ability to pay
the cash portion of the purchase money as
herein provided tor"
And II is further provided "that the
Commissioner making such sale may either
personally Oh By some other person TO be
designated by him to act In his name, and
by his authority, adjourn the sale
from day TO day and from week
TO week without further advertisement, but
only on the request OF the complainant, or
his solicitors, or by order OF TINS court, or n
nudge thereof"
And 1t is further provided that upon
such sale any of the parties TO this suit, or
anv holder or holders Of the aforesaid bonds
issued by the said defendant The Franck-
Ign Land aud Cattle Company, shall be In
titled to bid for, and to become the pur-
chaser or purchasers OF, the property so
decreed TO be sold"
For further information persons pr0pos-
ing to bid are respectfully referred TO the
said decreee entered In this suit in the Of
flee OF this court at Graham, and aso flied
in.the Office orthe clerk Of. his court at DALLAS,
Texas, and of which decre1 certified copies
may be seen at the office of Russell Bene-
diet, Fsqre.. conns,l for the complainant
Is Wall Street, New York City, and at the
office of Messis. Shepard and Miller, solicit
tors for complainant, Dallas, Texas.
Il. :. MILLER.